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EPA’s Proposed NSR Rule for Project Emissions Accounting Will Mean Permitting Delays for Projects and Expansions

Key Takeaways - What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program...more

MassDEP Finalizes Cumulative Impact Analysis Regulations for Air Permits

On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a...more

EPA Finalizes Air Rule Targeting Oil and Gas Industry Methane Emissions: Final Rule Includes New Source Performance Standards for...

Key Takeaways - • What Is Happening? On December 2, 2023, during the United Nations Climate Change Conference (COP28), the U.S. Environmental Protection Agency (EPA) announced a final Clean Air Act (Act) rule designed to...more

EPA Proposes an HFC Emissions Reduction and Reclamation Program

Key Takeaways - • What Happened: EPA proposed a new program that would impose leak detection obligations and requirements to use reclaimed hydrofluorocarbons (HFCs) for certain equipment. The proposed rule also includes...more

EPA Releases Final Rule Increasing PFAS Reporting Under EPCRA

On October 18, 2023, the U.S. Environmental Protection Agency (EPA) released a new final rule that categorized as chemicals of special concern all per- and poly-fluoroalkyl substances (PFAS) that industry must currently...more

D.C. Circuit Vacates Key Element in HFC Rules under AIM Act

A new D.C. Circuit opinion addressed the limits of non-delegation doctrine, upheld the U.S. Environmental Protection Agency’s (EPA) authority to regulate HFC/HFO blends, and struck down the agency’s authority to enact...more

EPA Proposes New Rule Strictly Limiting Greenhouse Gas Emissions from the Nation’s Fossil Fuel Power Plants

On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...more

EPA Finalizes SNAP Rule 25 and Lists New HFC Alternatives

On April 19, 2023, EPA finalized Rule 25 – Protection of Stratospheric Ozone: Listing of Substitutes under the Significant New Alternatives Policy Program in the Refrigeration & Air Conditioning and Fire Suppression Sectors....more

New Climate Rule Aimed to Cut Power Plant Emissions by 2040

Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more

New Biden Executive Order Continues to Advance Environmental Justice Agenda

Today, President Biden signed a new executive order further directing all federal agencies to prioritize environmental justice (EJ) initiatives in their core missions. The Executive Order, entitled Revitalizing Our Nation’s...more

Bonnie Heiple Named New Commissioner of MassDEP

Wilmer Hale attorney Bonnie Heiple is Governor Maura Healey’s pick to run the Massachusetts Department of Environmental Protection (MassDEP). Heiple is a Boston-based environmental and energy law lawyer and will succeed...more

Proposed Massachusetts Legislation Would Phase Out PFAS and Create Remediation Fund

Two bills introduced in the Massachusetts legislature would ban nearly all products containing intentionally added PFAS sold or distributed in the Commonwealth by 2030, with some categories of products banned by 2026. The...more

Net-Zero by 2050? Massachusetts Passes New Climate & Clean Energy Bill

On August 11, 2022, Massachusetts Governor Charlie Baker signed a significant new climate bill, “An Act driving clean energy and offshore wind” into law. This new law enacts several new climate change measures, including...more

Inflation Reduction Act Signed Into Law, Committing $370 Billion to Action on Climate and Energy

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA includes a host of programs aimed at addressing climate change and energy production. These include, for example, major new or...more

U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy

After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more

Massachusetts SMART Program Expands Eligibility for Solar Units on Agricultural Land

On April 12, 2022, the Massachusetts Department of Energy Resources (DOER) finalized changes to the Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units for the Solar Massachusetts Renewable Target...more

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